Part 2AThe Legal Practitioners Education and Admission Council and the Board of Examiners

Part 2A—The Legal Practitioners Education and Admission Council and the Board of Examiners Division 1—The Legal Practitioners Education and Admission Council 14B—Establishment of LPEAC (1) The Legal Practitioners Education and Admission Council (LPEAC) is established. (2) LPEAC— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued. (3) Where an apparently genuine document purports to bear the common seal of LPEAC, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of LPEAC was duly affixed to that document. (4) LPEAC has the powers of a natural person. (5) LPEAC consists of— (a) the Chief Justice; and (b) the Attorney-General; and (c) three judges (each of whom is either a judge of the Supreme Court or a judge of the Federal Court) appointed by the Chief Justice; and (da) the Dean (or acting Dean) of the faculty or school of law at Adelaide University; and (e) the Dean (or acting Dean) of the faculty or school of law at The Flinders University of South Australia; and (eb) the presiding member of the Board of Examiners; and (f) a law student nominated in a manner determined by the Chief Justice and appointed by the Chief Justice; and (g) a legal practitioner appointed by the Attorney-General; and (h) four legal practitioners appointed by the Society (at least one of whom will, at the time of appointment, be a legal practitioner who is practising predominantly as a barrister). (6) The Chief Justice and the Attorney-General may each appoint a person to act as his or her deputy at any meeting of LPEAC that the Chief Justice or the Attorney-General is unable to attend. (7) The Chief Justice will be the presiding member of LPEAC. 14C—Functions of LPEAC (1) LPEAC has the following functions: (a) to make rules prescribing— (i) the qualifications for admission of a person as a barrister and solicitor of the Supreme Court; and (ii) the qualifications for the issue and renewal of practising certificates, including requirements for post-admission education, training or experience; and (iii) the categories (if any) of practising certificate to be issued by the Supreme Court under Part 3 and the limitations on the practice of the profession of the law that apply in relation to those categories; (b) to participate in the development of uniform national standards relating to the qualifications necessary for persons practising the profession of the law; (c) to keep the effectiveness of legal education and training courses and post-admission experience under review so far as is relevant to qualifications for legal practice; (d) to perform any other functions assigned to LPEAC by this Act or any other Act. (2) A rule made under this section may leave a matter to be determined according to the discretion of LPEAC or the Supreme Court. (3) Subject to subsection (4), a rule requiring legal practitioners to undertake further education or training or obtain further experience may only be made under this section with the concurrence of the Attorney-General. (4) A rule requiring legal practitioners who have been practising the profession of the law for less than two years to undertake further education or training or obtain further experience within a time specified in the rule, or providing for extensions of the specified time to be granted, may be made without the concurrence of the Attorney-General. 14D—Conditions of membership (1) Subject to this Act, an appointed member of LPEAC (other than the member appointed as a law student) will be appointed for a term of office of three years and, on the expiration of a term of office, is eligible for reappointment. (2) The member of LPEAC appointed as a law student will hold office for a term of one year. (3) The Chief Justice may remove an appointed member of LPEAC from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct. (4) The office of an appointed member of LPEAC becomes vacant if the member— (a) dies; or (b) completes a term of office; or (c) resigns by written notice addressed to the Chief Justice; or (d) in the case of a member who is a legal practitioner—ceases to be a legal practitioner or is disciplined under this Act or by the Supreme Court or under an Act or law of another State or Territory of the Commonwealth for regulating the conduct of persons practising the profession of the law; or (e) in the case of a member appointed as a law student—ceases to be a law student; or (f) is removed from office pursuant to subsection (3). (5) On the office of a member of LPEAC becoming vacant, a person may be appointed in accordance with this Act to the vacant office but, where the office of a member of LPEAC becomes vacant before the expiration of a term of appointment, the successor will be appointed only for the balance of the term. 14E—Procedures of LPEAC (1) Eight members of LPEAC (one of whom must be the presiding member or a judicial member of LPEAC) constitute a quorum of LPEAC, and no business may be transacted at a meeting of LPEAC unless a quorum is present. (2) A decision carried by a majority of the votes cast by the members present at a meeting of LPEAC is a decision of LPEAC. (3) Subject to this section, each member of LPEAC is entitled to one vote on any matter arising for decision by LPEAC and, in the event of an equality of votes, the person presiding at the meeting is entitled to a second or casting vote. (4) The member of LPEAC appointed as a law student is not to be counted for the purposes of determining whether a quorum is present and is not entitled to vote on any matter arising for decision by LPEAC. (5) The presiding member will preside at any meeting of LPEAC at which the member is present and, in the absence of the presiding member, a judicial member chosen in a manner determined by the Chief Justice, will preside at the meeting. (6) Subject to this Act, the business of LPEAC may be conducted in such manner as LPEAC may determine. 14F—Validity of acts and immunity of members (1) An act or proceeding of LPEAC is not invalid by reason only of a vacancy in its membership, and, notwithstanding the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed. (2) No liability attaches to a member of LPEAC for any act or omission by the member, or by LPEAC, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act. 14G—Advisory Committees (1) LPEAC may appoint such advisory committees as LPEAC considers necessary for the purpose of providing LPEAC with expert advice on any matter to be determined by LPEAC. (2) A member of an advisory committee holds office on terms and conditions determined by LPEAC. (3) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by LPEAC; or (b) insofar as the procedure is not determined under paragraph (a), as determined by the relevant committee. 14H—Annual report (1) LPEAC must, on or before 31 October in each year, prepare and present to the Attorney-General a report on the operations of LPEAC for the last financial year. (2) The Attorney-General must, within 12 sitting days after receiving a report from LPEAC, cause copies of the report to be laid before both Houses of Parliament. Division 2—The Board of Examiners 14I—Establishment of Board of Examiners (1) The Board of Examiners is established. (2) The Board of Examiners will consist of 15 members appointed by the Chief Justice of whom— (a) one must be an Associate Justice of the Supreme Court; and (b) two must be persons nominated by the Attorney-General; and (c) 12 must be legal practitioners. (3) A member of the Board of Examiners holds office on terms and conditions determined by the Chief Justice. (4) The Chief Justice may appoint a person to be the deputy of the member of the Board of Examiners who is an Associate Justice of the Supreme Court and the deputy may, in the absence of the member, act in his or her place. (5) The member of the Board of Examiners who is an Associate Justice of the Supreme Court will be the presiding member. 14J—Functions of Board of Examiners The Board of Examiners has the functions and powers conferred on it under this Act or by LPEAC. 14K—Procedures of Board of Examiners (1) Five members of the Board of Examiners (one of whom must be the presiding member or the presiding member's deputy) constitute a quorum of the Board, and no business may be transacted at a meeting of the Board of Examiners unless a quorum is present. (2) Subject to this Act, the procedures to be observed in relation to the conduct of the business of the Board of Examiners will be— (a) as determined by LPEAC; or (b) insofar as the procedure is not determined under paragraph (a), as determined by the Board. 14L—Validity of acts and immunity of members (1) An act or proceeding of the Board of Examiners is not invalid by reason only of a vacancy in its membership, and, notwithstanding the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed. (2) No liability attaches to a member of the Board of Examiners for any act or omission by the member, or by the Board, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act.